Scott v. Trent

Decided July 1, 1792

Court of Appeals of Virginia · decided 1792-07-01

The appellees brought an action on the case, against the appellant in the District Court of Charlottesville; the declaration contains three counts; the first and second upon an indebitatus assumpsit & quantum valebant for goods sold and delivered, and the third for money lent. Plea non asump-sit. At the trial, the defendant offered in evidence four receipts, signed by Peterfield Trent, as offsetts against the plaintiffs demand.

Decided 1792-07-01

The PRESIDENT

¶1delivered the opinion of the court.

¶2*It is undoubtedly true, that a debt due from an individual partner cannot be set off against a partnership demand. A payment indeed, to one partner, will be a payment to the company, and his receipt (unless perhaps, where such payment is forbidden by the company) will bind the whole. But in this case, the receipts do not specify, that the payments were made for the use of the company. The list does; but in that, the balance is not stated, and therefore being entirely’ unsettled, the court did right, in refusing to let it go in evidence to the jury.

¶3If indeed, P. Trent has received the balance, and should be unable to pay it, Scott may obtain relief against the company by getting an injunction for so such.

¶4Judgment affirmed.